Kranti Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26288 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kranti Sahani son of Srikant Sahani, resident of Village-Sabuni, P.S.- Ramnagar, District-West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363, 364A, 302, 201 and 120B/34 of the I.P.C.

The prosecution story, in brief, is that on 6.2.2016 at about 4 P.M. the informant's son, namely, Golu Kumar @ Ankit Kumar had gone to Nawalpur Bazaar at chappal shop of the informant. When he did not return till 5 P.M. the informant's wife informed the informant on cell phone and thereafter he along with his family members started searching him in Bazaar and village but his whereabouts could not be traced out.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.2.2016 and the charge sheet

Patna High Court Cr.Misc. No.26288 of 2016 (6) dt.26-09-2016 2/2 has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Except for confessional statement of the petitioner and of the co-accused there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, West Champaran at Bettiah in connection with Jogapatti (Nawalpur) P.S. case No.38 of 2016.

(Sudhir Singh, J) Narendra/- U T